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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 38:38:1.0.1.1.1.1.1.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | A | Subpart A—Core Values, Characteristics, and Customer Experience Principles of the Department | § 0.600 General. | VA | [ 84 FR 22710, May 20, 2019] | This section describes the Core Values, Characteristics, and Customer Experience Principles that serve as internal guidelines for employees of the Department of Veterans Affairs (VA). These Core Values, Characteristics, and Customer Experience Principles define VA employees, articulate what VA stands for, and underscore its moral obligation to veterans, their families, and other beneficiaries. They are intended to establish one overarching set of guidelines that apply to all VA Administrations and staff offices, confirming the values already instilled in many VA employees and enforcing their commitment to provide the best experience possible to veterans, servicemembers, their families, caregivers, and survivors. | ||||
| 38:38:1.0.1.1.1.1.1.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | A | Subpart A—Core Values, Characteristics, and Customer Experience Principles of the Department | § 0.601 Core Values. | VA | VA's Core Values define VA employees. They describe the organization's culture and character, and serve as the foundation for the way VA employees should interact with each other, as well as with people outside the organization. They also serve as a common bond between all employees regardless of their grade, specialty area, or location. These Core Values are Integrity, Commitment, Advocacy, Respect, and Excellence. Together, the first letters of the Core Values spell “I CARE,” and VA employees should adopt this motto and these Core Values in their day-to-day operations. (a) Integrity. VA employees will act with high moral principle, adhere to the highest professional standards, and maintain the trust and confidence of all with whom they engage. (b) Commitment. VA employees will work diligently to serve veterans and other beneficiaries, be driven by an earnest belief in VA's mission, and fulfill their individual responsibilities and organizational responsibilities. (c) Advocacy. VA employees will be truly veteran-centric by identifying, fully considering, and appropriately advancing the interests of veterans and other beneficiaries. (d) Respect. VA employees will treat all those they serve and with whom they work with dignity and respect, and they will show respect to earn it. (e) Excellence. VA employees will strive for the highest quality and continuous improvement, and be thoughtful and decisive in leadership, accountable for their actions, willing to admit mistakes, and rigorous in correcting them. | |||||
| 38:38:1.0.1.1.1.1.1.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | A | Subpart A—Core Values, Characteristics, and Customer Experience Principles of the Department | § 0.602 Core Characteristics. | VA | While Core Values define VA employees, the Core Characteristics define what VA stands for and what VA strives to be as an organization. These are aspirational goals that VA wants its employees, veterans, and the American people to associate with the Department and with its workforce. These Core characteristics describe the traits all VA organizations should possess and demonstrate, and they identify the qualities needed to successfully accomplish today's missions and also support the ongoing transformation to a 21st Century VA. These characteristics are: (a) Trustworthy. VA earns the trust of those it serves, every day, through the actions of its employees. They provide care, benefits, and services with compassion, dependability, effectiveness, and transparency. (b) Accessible. VA engages and welcomes veterans and other beneficiaries, facilitating their use of the entire array of its services. Each interaction will be positive and productive. (c) Quality. VA provides the highest standard of care and services to veterans and beneficiaries while managing the cost of its programs and being efficient stewards of all resources entrusted to it by the American people. VA is a model of unrivalled excellence due to employees who are empowered, trusted by their leaders, and respected for their competence and dedication. (d) Innovative. VA prizes curiosity and initiative, encourages creative contributions from all employees, seeks continuous improvement, and adapts to remain at the forefront in knowledge, proficiency, and capability to deliver the highest standard of care and services to all of the people it serves. (e) Agile. VA anticipates and adapts quickly to current challenges and new requirements by continuously assessing the environment in which it operates and devising solutions to better serve veterans, other beneficiaries, and Service members. (f) Integrated. VA links care and services across the Department; other federal, state, and local agencies; partners; and Veterans Services Organizations t… | |||||
| 38:38:1.0.1.1.1.1.1.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | A | Subpart A—Core Values, Characteristics, and Customer Experience Principles of the Department | § 0.603 Customer Experience principles. | VA | [84 FR 22710, May 20, 2019] | VA will provide the best customer experience in its delivery of care, benefits, and memorial services to veterans, servicemembers, their families, caregivers, and survivors. The delivery of exceptional customer experience is the responsibility of all VA employees and will be guided by VA's Core Values and Characteristics. Customer experience is the product of interactions between an organization and a customer over the duration of their relationship. VA measures these interactions through Ease, Effectiveness, and Emotion, all of which impact the overall trust the customer has in the organization. (a) Ease. VA will make access to VA care, benefits, and memorial services smooth and easy. (b) Effectiveness. VA will deliver care, benefits, and memorial services to the customer's satisfaction. (c) Emotion. VA will deliver care, benefits, and memorial services in a manner that makes customers feel honored and valued in their interactions with VA. VA will use customer experience data and insights in strategy development and decision-making to ensure that the voice of veterans, servicemembers, their families, caregivers, and survivors inform how VA delivers care, benefits, and memorial services. | ||||
| 38:38:1.0.1.1.1.1.1.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | A | Subpart A—Core Values, Characteristics, and Customer Experience Principles of the Department | § 0.605 Ethical framework principles for access to and use of veteran data. | VA | [87 FR 40452, July 7, 2022] | (a) Veterans trust VA to promote and respect their privacy, confidentiality, and autonomy in the services we provide or support. We earn this trust when we adhere to VA's core values of integrity, commitment, advocacy, respect, and excellence (commonly referred to as ICARE). (b) Consistent with the values listed in paragraph (a) of this section, VA must promote and ensure responsible practices whenever veteran data is accessed, shared, or used by VA or its partners. Veteran data is accessed, shared, and used for many purposes which are developing at an unparalleled pace. While the regulatory and policy framework that governs data access, sharing, and use sets important standards about what is required with respect to data access, sharing, and use, it does not always provide definitive guidance about how VA should manage access, sharing, or use of veteran data when regulation and policy permit organizational discretion, except in cases where there are already established federally protected classes. (c) The following principles establish an overarching ethical framework for all individuals, groups, or entities to apply when managing access to, sharing of, or use of VA veteran data. All parties who have or obtain access to and use VA veteran data are encouraged to carefully consider and apply this principle-based ethical framework when not contradicted by other specific clinical, technical, fiscal, regulatory, professional, industry, and other standards. VA and its partners must apply this principle-based ethical framework when accessing, sharing or using veteran data unless prohibited by law. Consistent application of this framework will ensure the integrity and trustworthiness that veterans and other stakeholders expect and deserve when veteran data is accessed, shared, or used. (1) Principle 1. The primary goal for use of veteran data is for the good of veterans. Veteran data is personal and sensitive. Use of veteran data by VA and its partners must have the primary goal of supporting and improving overall … | ||||
| 38:38:1.0.1.1.1.2.1.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | B | Subpart B—General Provisions | § 0.735-1 Agency ethics officials. | VA | [58 FR 61813, Nov. 23, 1993. Redesignated at 61 FR 11309, Mar. 20, 1996; 89 FR 15451, Mar. 4, 2024] | (a) Designated Agency Ethics Official (DAEO). The Secretary will designate attorneys from the Office of General Counsel to serve as the Designated Agency Ethics Official (DAEO) and Alternate Designated Agency Ethics Official (ADAEO). (b) Deputy ethics officials. (1) The District Chief Counsels and attorneys on the Ethics Specialty Team are Deputy Ethics Officials. They have been delegated the authority to act for the DAEO pursuant to 5 CFR 2638.104(e). (2) Other officials may also act as Deputy Ethics officials pursuant to delegations of one or more of the DAEO's duties from the DAEO. | ||||
| 38:38:1.0.1.1.1.2.1.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | B | Subpart B—General Provisions | § 0.735-2 Government-wide standards. | VA | [61 FR 11309, Mar. 20, 1996. Redesignated at 63 FR 33579, June 19, 1998] | For government-wide standards of ethical conduct and related responsibilities for Federal employees, see 5 CFR Part 735 and Chapter XVI. | ||||
| 38:38:1.0.1.1.1.3.1.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | C | Subpart C—Standards of Ethical Conduct and Related Responsibilities of Employees | § 0.735-10 Cross-reference to employee ethical and other conduct standards and financial disclosure regulations. | VA | Employees of the Department of Veterans Affairs (VA) should refer to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635, the executive branch-wide Employee Responsibilities and Conduct at 5 CFR part 735, and the executive branch-wide financial disclosure regulation at 5 CFR part 2634. | |||||
| 38:38:1.0.1.1.1.3.1.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | C | Subpart C—Standards of Ethical Conduct and Related Responsibilities of Employees | § 0.735-11 Other conduct on the job. | VA | Relationship with beneficiaries and claimants. Employees are expected to be helpful to beneficiaries, patients and claimants, but: (a) An employee shall not procure intoxicants or drugs for, or attempt to sell intoxicants or drugs to, patients or members, or give or attempt to give intoxicants or drugs to them unless officially prescribed for medical use; (b) An employee shall not abuse patients, members, or other beneficiaries, whether or not provoked. | |||||
| 38:38:1.0.1.1.1.3.1.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 0 | PART 0—VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES | C | Subpart C—Standards of Ethical Conduct and Related Responsibilities of Employees | § 0.735-12 Standards of conduct in special areas. | VA | (a) Safety. (1) Employees will observe safety instructions, signs, and normal safety practices and precautions, including the use of protective clothing and equipment. (2) An employee shall report each work-connected injury, accident or disease he or she suffers. (b) Furnishing testimony. Employees will furnish information and testify freely and honestly in cases respecting employment and disciplinary matters. Refusal to testify, concealment of material facts, or willfully inaccurate testimony in connection with an investigation or hearing may be ground for disciplinary action. An employee, however, will not be required to give testimony against himself or herself in any matter in which there is indication that he or she may be or is involved in a violation of law wherein there is a possibility of self-incrimination. | |||||
| 38:38:1.0.1.1.10.0.148.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 8a | PART 8a—VETERANS MORTGAGE LIFE INSURANCE | § 8a.1 Definitions. | VA | [37 FR 282, Jan. 8, 1972, as amended at 42 FR 43835, Aug. 31, 1977; 61 FR 29027, June 7, 1996; 82 FR 48631, Oct. 19, 2017; 86 FR 51275, Sept. 15, 2021] | (a) The term housing unit means a family dwelling or unit, together with the necessary land therefor, that has been or will be purchased, constructed, or remodeled with a grant to meet the needs of an eligible individual and of his or her family, and is or will be owned and occupied by the eligible individual as his or her home, or a family dwelling or unit, including the necessary land therefor, acquired by an eligible individual to be used as his or her residence after selling or otherwise disposing of title to the housing unit for which his or her grant was made. (b) The term Veterans Mortgage Life Insurance (VMLI) means the mortgage protection life insurance authorized for individuals under 38 U.S.C. 2106. (c) The term initial amount of insurance means the amount of insurance selected by the insured, which may be less than the statutory maximum of $200,000 and less than the amount necessary to pay the mortgage indebtedness in full. (d) The term mortgage loan means any loan, lien, or other indebtedness incurred by an eligible individual to buy, build, remodel, or enlarge a housing unit, the payment of which loan, lien, or indebtedness is secured by a mortgage lien, or other equivalent security of record, on the housing unit in the usual legal form employed in the community in which the property is situated. The term also includes refinancing of such an indebtedness to avoid a default, to consolidate liens, to renew or extend the time for payment of the indebtedness, and in cases where the housing unit is being bought, built, remodeled, or enlarged by increasing the amount of such an indebtedness. (e) The term owned means the eligible individual has or will acquire an interest in the housing unit which is: (1) A fee simple estate, or (2) A leasehold estate, the unexpired term of which, including renewals at the option of the lessee, is not less than 50 years, or (3) An interest in a residential unit in a cooperative or a condominium type development which in the judgment of the Under Secretary … | ||||||
| 38:38:1.0.1.1.10.0.148.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 8a | PART 8a—VETERANS MORTGAGE LIFE INSURANCE | § 8a.2 Maximum amount of insurance. | VA | [52 FR 48682, Dec. 24, 1987, as amended at 59 FR 59921, Nov. 21, 1994; 61 FR 29027, June 7, 1996; 82 FR 48631, Oct. 19, 2017] | (a) Each eligible individual is authorized an initial amount of insurance up to a maximum of $200,000 in VMLI to insure his or her life during periods he or she is obligated under a mortgage loan, except that, as to an individual housing unit, whenever there is a reduction in the actual amount of insurance in force as provided for in § 8a.4(a) the amount of VMLI thereafter available to insure the life of the same individual on the same housing unit is permanently reduced by a like amount. (b) The maximum amount of insurance in force on any one life at one time shall not exceed the lesser of the following amounts: (1) $200,000. (2) For insurance issued prior to December 24, 1987, the reduced maximum amount of insurance then available to an eligible individual. (3) The amount of the unpaid principal of the mortgage loan outstanding on the date of approval of the grant on a housing unit then owned and occupied by the eligible individual, or on a housing unit being or to be constructed or remodeled for the eligible individual, and such initial amount of insurance may be adjusted upward, subject to the maximum insurance available to the eligible individual, or downward, depending upon the amount of the mortgage loans outstanding on the date of full disbursement of the grant, or on the date of final settlement of the purchase, construction, or remodeling agreement, whichever date is the later date. (4) Where an eligible individual ceases to own the housing unit which was subject to a mortgage loan that resulted in his or her life being insured under VMLI, and becomes obligated under a mortgate loan on another housing unit occupied or to be occupied by the eligible individual, the amount of the unpaid principal outstanding on the mortgage loan on the newly acquired housing unit on the date insurance hereunder is placed in effect. (5) Where an eligible individual incurs or refinances a mortgage loan, subject to the provisions of paragraph (a) of this section, the amount of the incurred or refinanced mortgage loan. … | ||||||
| 38:38:1.0.1.1.10.0.148.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 8a | PART 8a—VETERANS MORTGAGE LIFE INSURANCE | § 8a.3 Effective date. | VA | [42 FR 43835, Aug. 31, 1977, as amended at 61 FR 29027, June 7, 1996; 82 FR 48631, Oct. 19, 2017] | (a) Where the grant was approved prior to August 11, 1971, VMLI shall be effective August 11, 1971, if on that date, the eligible individual was obligated under a mortgage loan, and any such eligible individual is automatically insured, unless he or she elects in writing not to be insured, or fails to respond within 60 days after the date a final request is made or mailed to the eligible individual for information on which his or her premium can be based. (b) Where the grant is approved on or after August 11, 1971, VMLI shall be effective on the date of approval of the grant, if on that date the eligible individual is obligated under a mortgage loan, and any such eligible individual is automatically insured, unless he or she elects in writing not to be insured, or fails to respond within 60 days after the date a final request is made or mailed to the eligible individual for information on which his or her premium can be based. (c) In any case in which an individual would have been eligible for VMLI on August 11, 1971, or on the date of approval of his or her grant, whichever date is the later date, but such insurance did not become effective because he or she was not obligated under a mortgage loan on that date, or because he or she elected in writing not to be insured, or failed to timely respond to a request for information on which his or her premium could be based, the insurance will be effective on a date agreed upon by the individual and the Secretary, but only if the individual files an application in writing with the Department of Veterans Affairs for such insurance, submits evidence that he or she meets the health requirements of the Secretary, together with information on which his or her premiums can be based, and is or becomes obligated under a mortgage loan upon the date agreed upon as the effective date of his or her insurance. (d) In any case in which an eligible individual disposes of the housing unit purchased, constructed or remodeled in part with a grant, or a subsequently acquired housing u… | ||||||
| 38:38:1.0.1.1.10.0.148.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 8a | PART 8a—VETERANS MORTGAGE LIFE INSURANCE | § 8a.4 Coverage. | VA | [37 FR 282, Jan. 8, 1972, as amended at 42 FR 43836, Aug. 31, 1977; 52 FR 48682, Dec. 24, 1987; 59 FR 59921, Nov. 21, 1994; 61 FR 29027, June 7, 1996; 82 FR 48631, Oct. 19, 2017] | (a) The amount of VMLI in force on his or her life at any one time shall be reduced simultaneously (1) with the reduction in the principal of the mortgage loan, whether or not the mortgage loan is amortized, and (2) in addition, if the mortgage loan is amortized, according to the schedule for the reduction of the principal of the mortgage loan whether or not the schedule payments are timely made. (b) If the amount of the mortgage loan exceeds $200,000, or the reduced maximum amount of insurance selected by an eligible individual, whichever amount is the lesser, the amount of insurance in force on the life of the individual shall remain at a constant level until the principal amount of the mortgage loan which is basis for establishing the amount of insurance is reduced to $200,000, or to the amount of the reduced maximum amount of insurance selected by the individual, at which time the amount of insurance in force on his or her life shall be reduced in accordance with the schedule for the reduction of the principal of the mortgage loan, and whether or not the scheduled payments are timely made. (c) Subject to the $200,000 maximum amount of insurance, and to the reduced maximum amount of insurance selected by the eligible individual, he or she is entitled to be insured under VMLI or to apply for such insurance as often as he or she becomes obligated under a mortgage loan or a refinanced mortgage loan on a housing unit or a successor housing unit owned and occupied by the eligible individual. Where an individual who is not automatically insured under VMLI applies for such insurance, he or she shall be required to meet the health standards and other conditions established by the Secretary for such insureds. | ||||||
| 38:38:1.0.1.1.11.0.148.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.1 Definitions. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17698, May 18, 1988; 61 FR 20135, May 6, 1996; 67 FR 52413, Aug. 12, 2002; 70 FR 75946, Dec. 22, 2005; 73 FR 71930, Nov. 26, 2008; 74 FR 59479, Nov. 18, 2009; 74 FR 62706, Dec. 1, 2009; 77 FR 60306, Oct. 3, 2012; 77 FR 70376, Nov. 26, 2012; 85 FR 14802, Mar. 16, 2020; 90 FR 46476, Sept. 29, 2025] | The following definitions are in addition to those definitions in 38 U.S.C. 101 and 1965: (a) The term policy means Group Policy No. G-32000, which was effective September 29, 1965, purchased from the insurer pursuant to 38 U.S.C. 1966, executed and attested on December 30, 1965, and amended thereafter. (b) The term administrative office means the Office of Servicemembers' Group Life Insurance. (c) The term insurer means the commercial life insurance company or companies selected under 38 U.S.C. 1966 to provide insurance coverage specified in the policy. (d) The term reinsurer means any life insurance company meeting all the criteria set forth in § 9.10 which reinsures a portion of the total amount of insurance covered by the policy and issues individual life insurance policies to members under the provisions of 38 U.S.C. 1968(b) and 1977(e). (e) The term converter means any life insurance company meeting all the criteria set forth in § 9.10 which issues individual life insurance policies to members under the provisions of 38 U.S.C. 1968(b) and 1977(e). (f) The term coverage means Servicemembers' Group Life Insurance or Veterans' Group Life Insurance payable while the member is insured under the policy. (g) The term termination of duty means (1) In the case of active duty or active duty for training being performed under a call or order that does not specify a period of less than 31 days-discharge, release or separation from such duty. (2) In the case of other duty—the member's release from his or her obligation to perform any duty in his or her uniformed service (active duty, or active duty for training or inactive duty training) whether arising from limitations included in a contract of enlistment or similar form of obligation or arising from resignation, retirement or other voluntary action by which the obligation to perform such duty ceases. (h) The term break in service means the situation(s) in which: (1) A member terminates duty or obligation to perform duty in one service and ente… | ||||||
| 38:38:1.0.1.1.11.0.148.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.10 Health standards. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17699, May 18, 1988. Redesignated at 61 FR 20135, May 6, 1996] | (a) For the purpose of determining if a member who incurred a disability or aggravated a preexisting disability during a period of active duty or active duty for training under a call to duty specifying a period of less than 31 days or during a period of inactive duty was rendered uninsurable at standard premium rates, the underwriting criteria used by the insurer in determining good health for persons applying to it for life insurance in amounts not exceeding the maximum amount of coverage then available under 38 U.S.C. 1967 will be used. (b) For all other purposes of determining if a member meets the necessary health requirements except paragraph (a) of this section, the underwriting criteria used by the insurer in determining good health for group life insurance purposes will be used. | ||||||
| 38:38:1.0.1.1.11.0.148.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.11 Criteria for reinsurers and converters. | VA | [40 FR 4135, Jan. 28, 1975. Redesignated at 61 FR 20135, May 6, 1996] | The following criteria will control eligibility for reinsuring and converting companies: (a) The company must be a legal reserve life insurance company as classified by the insurance supervisory authorities of the State of domicile. Qualified fraternal organizations are included. (b) The company must have been in the life insurance business for a continuous period of 5 years prior to October 1, 1965, or the December 31 preceding any redeterminations of the allocations. In the event of a merger, the 5-year requirement may be satisfied by either the surviving company or by one of the absorbed companies. Upon joint application by a subsidiary of a participating company, together with the parent company, the 5-year requirement may be waived provided such parent company owns more than 50 percent of the outstanding stock of the subsidiary and has been a legal reserve life insurance company for a period of 10 years or more. (c) The company must be licensed to engage in life insurance in at least one State of the United States or the District of Columbia. (d) The company will not be one: (1) Certified by the Department of Defense as being under suspension for cause for purpose of allotment or on-base solicitation privileges. (2) That solicits life insurance applications as conversion or other replacement of Servicemembers' Group Life Insurance or Veterans' Group Life Insurance coverage in jurisdictions in which it is not licensed. (3) That fails to take effective action to correct an improper practice followed by it or its agents within 30 days after written receipt of notice issued by the insurer or the Assistant Director for Insurance. Improper practice includes: (i) The use for solicitation purposes of lists of names and addresses of former members without obtaining reasonable assurance that such lists have not been obtained contrary to regulations of the Department of Defense or other uniformed service; (ii) Failure to reveal sources and copies of mailing lists upon proper request or to otherwise cooperate in… | ||||||
| 38:38:1.0.1.1.11.0.148.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.12 Reinsurance formula. | VA | [40 FR 4135, Jan. 28, 1975. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996] | The allocation of insurance to the insurer and each reinsurer will be based upon the following: (a) An amount of the total life insurance in force under the policy in proportion to the company's total life insurance in force in the United States where: The first $100 million in force is counted in full, The second $100 million in force is counted at 75 percent, The third $100 million in force is counted at 50 percent, The fourth $100 million in force is counted at 25 percent, And any amount above $400 million in force is counted at 5 percent. The first $100 million in force is counted in full, The second $100 million in force is counted at 75 percent, The third $100 million in force is counted at 50 percent, The fourth $100 million in force is counted at 25 percent, And any amount above $400 million in force is counted at 5 percent. (b) The allocation will be redetermined at the beginning of each policy year for the primary insurer and the companies then reinsuring, with the portion as set forth in paragraph (a) of this section based upon the corresponding in force (excluding the Servicemembers' Group Life Insurance in force) as of the preceding December 31. (c) Any life insurance company, which is not initially participating in reinsurance or conversions, but satisfies the criteria set forth in § 9.11, may subsequently apply to the primary insurer to reinsure and convert, or to convert only. The participation of such company will be effective as of the beginning of the policy year following the date on which application is approved by the insurer. | ||||||
| 38:38:1.0.1.1.11.0.148.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.13 Actions on the policy. | VA | [40 FR 4135, Jan. 28, 1975. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996] | The Assistant Director for Insurance will furnish the name and address of the insuring company upon written request of a member of the uniformed services or his or her beneficiary. Actions at law or in equity to recover on the policy, in which there is not alleged any breach of any obligation undertaken by the United States, should be brought against the insurer. | ||||||
| 38:38:1.0.1.1.11.0.148.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.14 Accelerated Benefits. | VA | [90 FR 46476, Sept. 29, 2025] | (a) Accelerated Benefit. An Accelerated Benefit is a payment of a portion of SGLI or VGLI to a terminally ill member ( i.e., an insured Service member or veteran), or a payment of a portion of Family Servicemembers' Group Life Insurance to a member on behalf of a terminally ill covered person, before death. (b) Eligibility to receive an Accelerated Benefit. A member is eligible to receive an Accelerated Benefit if the member has a valid written medical prognosis from a physician of nine months or less to live, and otherwise complies with the provisions of this section. (c) Applying for an Accelerated Benefit—SGLI Member or VGLI Member. (1) A terminally ill member can apply for an Accelerated Benefit by completing the SGLV 8284 application form. The member's physician is required to complete part of the form by certifying that the member is terminally ill ( i.e., has a life expectancy of nine months or less). If the member is covered under Servicemembers' Group Life Insurance, the member's uniformed service must also complete part of the form and submit it to the Office of Servicemembers' Group Life Insurance. If the member is covered under VGLI, the member must submit the completed application form to the Office of Servicemembers' Group Life Insurance. (2) An alternate applicant can apply for an Accelerated Benefit on behalf of a terminally ill member if the member is medically incapacitated, as defined in paragraph (e) of this section. The alternate applicant can apply by completing the SGLV 8284 application form if all of the following conditions are met: (i) The member's physician must certify that the member is terminally ill and medically incapacitated; (ii) The alternate applicant must have power of attorney, guardianship, or conservatorship over the member, or be the member's VA-appointed fiduciary under 38 U.S.C. chapters 55 and 61 or military trustee under 37 U.S.C. 602; and (iii) The alternate applicant must sign the SGLV 8284 application form; identify that he or she holds the member's po… | ||||||
| 38:38:1.0.1.1.11.0.148.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.20 Traumatic injury protection. | VA | [70 FR 75946, Dec. 22, 2005, as amended at 72 FR 10365, Mar. 8, 2007; 73 FR 71930, Nov. 26, 2008; 76 FR 75460, Dec. 2, 2011; 79 FR 44299, July 31, 2014; 88 FR 15910, Mar. 15, 2023] | (a) What is traumatic injury protection? Traumatic injury protection provides for the payment of a specified benefit amount to a member insured by Servicemembers' Group Life Insurance who sustains a traumatic injury directly resulting in a scheduled loss. (b) What is a traumatic event? (1) A traumatic event is damage to a living being occurring on or after October 7, 2001, caused by: (i) Application of an external force; (ii) Application of violence or chemical, biological, or radiological weapons; (iii) Accidental ingestion of a contaminated substance; (iv) Exposure to low environmental temperatures, excessive heat, or documented non-penetrating blast waves; or (v) An insect bite or sting or animal bite. (2) A traumatic event does not include a medical or surgical procedure in and of itself. (c) What is a traumatic injury? (1) A traumatic injury is physical damage to a living body that is caused by a traumatic event as defined in paragraph (b) of this section. (2) For purposes of this section, the term “traumatic injury” does not include damage to a living body caused by— (i) A mental disorder; or (ii) A mental or physical illness or disease, except if the physical illness or disease is caused by a pyogenic infection, biological, chemical, or radiological weapons, or accidental ingestion of a contaminated substance. (3) The term traumatic injury includes anaphylactic shock directly caused by an insect bite or sting or animal bite. (4) For purposes of this section, all traumatic injuries will be considered to have occurred at the same time as the traumatic event. (d) What are the eligibility requirements for payment of traumatic injury protection benefits? You must meet all of the following requirements in order to be eligible for traumatic injury protection benefits. (1) You must be a member of the uniformed services who is insured by Servicemembers' Group Life Insurance under section 1967(a)(1)(A)(i), (B) or (C)(i) of title 38, United States Code, on the date you sustained a traumatic inj… | ||||||
| 38:38:1.0.1.1.11.0.148.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.21 Schedule of Losses. | VA | [88 FR 15912, Mar. 15, 2023, as amended at 90 FR 59979, Dec. 23, 2025] | (a) Definitions. For purposes of the Schedule of Losses in paragraph (c)— (1) The term accommodating equipment means tools or supplies that enable a member to perform an activity of daily living without the assistance of another person, including, but not limited to, a wheelchair; walker or cane; reminder applications; Velcro clothing or slip-on shoes; grabber or reach extender; raised toilet seat; wash basin; shower chair; or shower or tub modifications such as wheelchair access or no-step access, grab-bar or handle. (2) The term adaptive behavior means compensating skills that allow a member to perform an activity of daily living without the assistance of another person. (3) The term amputation means the severance or removal of a limb or genital organ or part of a limb or genital organ resulting from trauma or surgery. With regard to limbs, an amputation above a joint means a severance or removal that is closer to the body than the specified joint is. (4) The term assistance from another person means that a member, even while using accommodating equipment or adaptive behavior, is nonetheless unable to perform an activity of daily living unless another person physically supports the member, is needed to be within arm's reach of the member to provide assistance because the member's ability fluctuates, or provides oral instructions to the member while the member attempts to perform the activity of daily living. (5) The term avulsion means a forcible detachment or tearing of bone and/or tissue due to a penetrating or crush injury. (6) The term consecutive means to follow in uninterrupted succession. (7) The term discontinuity defect means the absence of bone and/or tissue from its normal bodily location, which interrupts the physical consistency of the face and impacts at least one of the following functions: mastication, swallowing, vision, speech, smell, or taste. (8) The term hospitalization means admission to a “hospital” as defined in 42 U.S.C. 1395x(e) or “skilled nursing facility” as … | ||||||
| 38:38:1.0.1.1.11.0.148.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.22 VA's access to records maintained by the insurer, reinsurer(s), and their successors. | VA | [79 FR 48072, Aug. 15, 2014. Redesignated at 88 FR 15912, Mar. 15, 2023] | (a) In order to perform oversight responsibilities designed to protect the legal and financial rights of the Government and persons affected by the activities of the Department of Veterans Affairs and its agents and to ensure that the policy and the related program benefits and services are managed effectively and efficiently as required by law, the Secretary of Veterans Affairs shall have complete and unrestricted access to the records of any insurer, reinsurer(s), and their successors with respect to the policy and related benefit programs or services that are derived from the policy. This access includes access to: (1) Any records relating to the operation and administration of benefit programs derived from the policy, which are considered to be Federal records created under the policy; (2) Records related to the organization, functions, policies, decisions, procedures, and essential transactions, including financial information, of the insurer, reinsurer(s), and their successors; and (3) Records of individuals insured under the policy or utilizing other related program benefits and services or who may be entitled to benefits derived through the Servicemembers' and Veterans' Group Life Insurance programs, including personally identifiable information concerning such individuals and their beneficiaries. (b) Complete access to these records shall include the right to have the originals of such records sent to the Secretary of Veterans Affairs or a representative of the Secretary at the Secretary's direction. The records shall be available in either hard copy or readable electronic media. At the Secretary's option, copies may be provided in lieu of originals where allowed by the Federal Records Act, 44 U.S.C. chapter 31. | ||||||
| 38:38:1.0.1.1.11.0.148.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.23 Submission of certain applications and forms affecting entitlement to Servicemembers' Group Life Insurance and Veterans' Group Life Insurance. | VA | [83 FR 10623, Mar. 12, 2018. Redesignated at 88 FR 15912, Mar. 15, 2023] | (a)(1) For purposes of this section, the terms in writing and written mean an intentional recording of words in visual form and include: (i) Hard-copy applications and forms containing a person's name or mark written or made by that person; and (ii) Applications and forms submitted through a VA approved electronic means that include an electronic or digital signature that identifies and authenticates a particular person as the source of the electronic message and indicates such person's approval of the information submitted through such means. (2) With regard to the following actions, applications or forms that satisfy the definition in paragraph (a)(1) of this section will be deemed to satisfy the requirement in the referenced statutes that an application, election, or beneficiary designation be “in writing” or “written”: (i) Decline Servicemembers' Group Life Insurance for the member or Family Servicemembers' Group Life Insurance for the member's insurable spouse (38 U.S.C. 1967(a)(2)(A) or (B)); (ii) Insure the member under Servicemembers' Group Life Insurance or the member's spouse under Family Servicemembers' Group Life Insurance in an amount less than the maximum amount of such insurance (38 U.S.C. 1967(a)(3)(B)); (iii) Restore or increase coverage under Servicemembers' Group Life Insurance for the member or under Family Servicemembers' Group Life Insurance for the member's insurable spouse (38 U.S.C. 1967(c)); (iv) Designate one or more beneficiaries for the member's Servicemembers' Group Life Insurance or former member's Veterans' Group Life Insurance (38 U.S.C. 1970(a)); and (v) Increase the amount of coverage under Veterans' Group Life Insurance (38 U.S.C. 1977(a)(3)). (b) Applications or forms that satisfy the definition in paragraph (a)(1) of this section may be utilized to— (1) Apply for Veterans' Group Life Insurance; and (2) Reinstate Veterans' Group Life Insurance. | ||||||
| 38:38:1.0.1.1.11.0.148.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.24 Insurable dependents who become eligible members, and eligible members who marry eligible members. | VA | [85 FR 78559, Nov. 27, 2020] | (a) A Servicemembers' Group Life Insurance-covered member (member) who marries another Servicemembers' Group Life Insurance eligible member (member spouse) after January 1, 2013, or is married to a person who becomes a Servicemembers' Group Life Insurance eligible member after January 1, 2013, shall receive Family Servicemembers' Group Life Insurance spousal coverage at the statutory maximum amount or a lesser amount, or receive increased existing spousal coverage on their member spouse, upon an election of such coverage if made within 240 days following the member's marriage to another member, or the member's spouse entering service, without having to provide proof of the member spouse's good health. If a member does not elect coverage for a member spouse within 240 days following the member's marriage to another member, or the member's spouse entering service, then the member may still receive spousal coverage at the statutory maximum amount or a lesser amount, or increase existing spousal coverage, by applying and submitting proof of the member spouse's good health. (b) A spouse shall remain eligible to be covered by any existing Family Servicemembers' Group Life Insurance spousal coverage without the member electing such coverage or applying for such coverage with proof of the member spouse's good health in a case where the spouse is enrolled in coverage under 38 U.S.C. 1967(a)(1)(A)(ii) or (C)(ii) prior to becoming a member married to another member. (c) A member's spouse who was insured under the member's Family Servicemembers' Group Life Insurance at the time the spouse separates from service will continue to be covered under the spousal Family Servicemembers' Group Life Insurance carried while in service, and the member will not need to elect such coverage. If a member seeks to enroll a former member spouse who did not have such spousal insurance coverage when the former member spouse separates from service, or seeks to increase existing spousal coverage on their former member spouse, the member shall r… | ||||||
| 38:38:1.0.1.1.11.0.148.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.2 Effective date; applications. | VA | [61 FR 20135, May 6, 1996, as amended at 62 FR 35970, July 3, 1997; 77 FR 66071, Nov. 1, 2012; 79 FR 44299, July 31, 2014; 83 FR 65528, Dec. 21, 2018; 85 FR 35563, June 11, 2020; 85 FR 78559, Nov. 27, 2020; 86 FR 30543, June 9, 2021] | (a) The effective date of Servicemembers' Group Life Insurance will be in accordance with provisions set forth in 38 U.S.C. 1967. (b) The effective date of Veterans' Group Life Insurance will be as follows: (1) For members whose Servicemembers' Group Life Insurance coverage ceases under 38 U.S.C. 1968 (a)(1)(A) and 38 U.S.C. 1968(a)(4), the effective date shall be the 121st day after termination of duty. An application and the initial premium must be received by the administrative office within 120 days following termination of duty or separation or release from such assignment. (2) For members whose Servicemembers' Group Life Insurance coverage was extended because of total disability, the effective date shall be the day following the end of the 2-year period of extended coverage or the day following the end of the total disability, whichever is the earlier date, but in no event before the 121st day following termination of duty. An application and the initial Veterans' Group Life Insurance premium must be received by the administrative office within 1 year following termination of SGLI coverage. (3) For members who qualify for coverage under 38 U.S.C. 1967(b), the effective date shall be the 121st day after termination of duty. An application, the initial premium, and proof of disability must be received by the administrative office within 120 days following termination of duty. (4) For members of the Individual Ready Reserve or the Inactive National Guard, the effective date shall be the date an application and the initial premium are received by the administrative office. The application and initial premium must be received by the administrative office within 120 days of becoming a member of either organization. (5) Pursuant to 38 U.S.C. 1977(a)(3), former members under the age of 60 can elect to increase their Veterans' Group Life Insurance coverage by $25,000, up to the existing Servicemembers' Group Life Insurance maximum. The insured's first opportunity to elect to increase coverage is on the one-ye… | ||||||
| 38:38:1.0.1.1.11.0.148.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.3 Waiver or reduction of coverage. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 48 FR 8070, Feb. 25, 1983; 53 FR 17698, May 18, 1988. Redesignated and amended at 61 FR 20135, May 6, 1996] | (a) Full-time coverage which is in effect will terminate or be reduced at midnight of the last day of the month a member's written notice requesting such termination or reduction is received by his or her uniformed service. In the case of a member paying premiums directly to the administrative office, full-time coverage will terminate or be reduced as of the last day of the month for which the last full premium was paid. Termination or reduction of coverage is effective for the entire remaining period of active duty unless the member reinstates his or her coverage under the provisions of 38 U.S.C. 1967(c). If, following termination of duty, a member reenters duty (in the same or another uniformed service), a waiver or reduction for the previous period of duty will not apply to the subsequent period of duty. (b) Part-time coverage will terminate or be reduced at the end of the last day of the period of duty then being performed if the member is on active duty or active duty for training when the waiver or reduction is filed; at the end of the period of inactive duty training then being performed if the member is on inactive duty training when the waiver or reduction is filed; or on the date the waiver or reduction is received by his or her uniformed service if the member is not on active duty, active duty for training; or inactive duty training on the date the waiver or reduction is filed. (1) When a member insured under part-time coverage waives his or her right to group coverage or elects a reduced amount of insurance, such waiver or election, unless changed, is effective throughout the period of the member's continuous reserve obligation in the same uniformed service. If, following termination of duty, the member reenters duty or resumes the obligation to perform duty (in the same or another uniformed service), the waiver or reduction will not apply to the subsequent period of duty or obligation. (2) If a reservist insured under part-time coverage is called or ordered to active duty or active duty for traini… | ||||||
| 38:38:1.0.1.1.11.0.148.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.4 Beneficiaries and options. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17699, May 18, 1988. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996] | Any designation of beneficiary or election of settlement options is subject to the provisions of 38 U.S.C. 1970 and 1977 and the following provisions: (a) Any designation of beneficiary or settlement option election made by any member insured under Servicemembers' Group Life Insurance for full-time coverage or part-time coverage will remain in effect until properly changed by the member or canceled automatically for any of the following reasons: (1) The insurance terminates following separation or release from all duty in a uniformed service. (2) The member enters on duty in another uniformed service. (3) The member reenters on duty in the same uniformed service more than 1 calendar day after separation or release from all duty in that uniformed service. (b) A change of beneficiary may be made at any time and without the knowledge or consent of the previous beneficiary. (c) Until and unless otherwise changed, a beneficiary designation and settlement option election of record on the date a statutory increase in coverage takes effect shall be considered to be a beneficiary and optional settlement election for the increased amount as well, and any beneficiary named therein shall be entitled to the same percentage (%) share of the new total coverage amount as that beneficiary was entitled to prior to the statutory increase in coverage. | ||||||
| 38:38:1.0.1.1.11.0.148.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.5 Payment of proceeds. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 50 FR 12252, Mar. 28, 1985. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996; 77 FR 60306, Oct. 3, 2012; 77 FR 70376, Nov. 26, 2012; 79 FR 44299, July 31, 2014] | Proceeds shall be paid in accordance with provisions set forth in 38 U.S.C. 1970 and the following provisions: (a) If proceeds are to be paid in installments, the first installment will be payable as of the date of death. The amount of each installment will be computed so as to include interest on the unpaid balance at the then effective rate. (b) If, following the death of an insured member who has designated both principal and contingent beneficiaries and elected to have payment made in 36 equal monthly installments, the principal beneficiary dies before all 36 installments have been paid, the remaining installments will be paid as they fall due to the contingent beneficiary. At the death of such a contingent beneficiary, and in other instances of a beneficiary's death, where there is no contingent beneficiary, the value of any unpaid installments, discounted to the date of his or her death at the same rate used for inclusion of interest in the computation of installments will be paid, without further accrual of interest, in one sum to the estate of the beneficiary or continent beneficiary last receiving payment. (c) In instances where payment in installments is made at the election of the beneficiary, upon his or her request, the value of such installments as remain unpaid will be discounted to the date of payment at the same rate used for inclusion of interest in the computation of installments and paid to him or her in one sum. (d) If a member whose coverage is extended due to total disability converts the group insurance to an individual policy which is effective before he or she ceases to be totally disabled or before the end of 2 years following termination of duty, whichever is earlier, and dies while group insurance would be in effect, except for such conversion, the group insurance will be payable, provided the individual policy is surrendered for a return of premiums and without further claim. When there is no such surrender, any amount of group insurance in excess of the amount of the individual … | ||||||
| 38:38:1.0.1.1.11.0.148.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.6 Assignments. | VA | [40 FR 4135, Jan. 28, 1975. Redesignated at 61 FR 20135, May 6, 1996] | Servicemembers' Group Life Insurance, Veterans' Group Life Insurance and benefits thereunder are not assignable. | ||||||
| 38:38:1.0.1.1.11.0.148.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.7 Administrative decisions. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17699, May 18, 1988. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996] | (a) Determinations of the Department of Veterans Affairs are conclusive under the policy with respect to the following: (1) The status of any person being within the term member and whether or not he or she is covered at any point of time under the policy including traveltime under 38 U.S.C. 1967(b) and death within 120 days thereafter from a disability incurred or aggravated while on duty. (2) The fact and date of a member's termination of active duty, or active duty for training, and the fact, date and hours of a member's performance of inactive duty training. (3) The fact and dates with respect to a member's absence without leave, confinement by civilian authorities under a sentence adjudged by a civil court, or confinement by military authorities under a court-martial sentence involving total forfeiture of pay and allowances. (4) The operation of the forfeiture provision provided in 38 U.S.C. 1973 with respect to any member. (5) The existence of total disability or insurability at standard premium rates under 38 U.S.C. 1968. (b) When determination is required on a claim that a member who waived coverage, or whose coverage was forfeited for one of the offenses listed under 38 U.S.C. 1973 was in fact insured, or that a member who elected to be insured was insured for an amount greater than the amount shown in the record, and there is no record of an application to be insured or to increase the amount of insurance as required under 38 U.S.C. 1967(c): (1) The person making the claim will be required to submit all evidence available concerning the member's actions and intentions with respect to Servicemembers' Group Life Insurance or Veterans' Group Life Insurance. (2) Request will be made to the member's uniformed service and any other likely source of information considered necessary, for whatever evidence in the form of copies of payroll or personnel records, statements of persons having knowledge of the facts, etc., is essential to a decision in the matter. Based on the evidence obtained, a formal… | ||||||
| 38:38:1.0.1.1.11.0.148.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.8 Termination of coverage. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 48 FR 8071, Feb. 25, 1983; 53 FR 17699, May 18, 1988; 57 FR 11910, Apr. 8, 1992. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996; 62 FR 35970, July 3, 1997] | Termination of coverage will be in accordance with the provisions of 38 U.S.C. 1968 and § 9.3 of this part and the following provisions: (a) In the case of a member whose coverage is forfeited under 38 U.S.C. 1973, coverage terminates at the end of the day preceding the day on which the act or omission forming the basis for such forfeiture occurred. (b) In the event of discontinuance of the group policy, coverage terminates at the end of the day preceding the date of the discontinuance of the policy except for those members who are insured under Veterans' Group Life Insurance in which event coverage terminates at the expiration of the day preceding the anniversary of the effective date of such insurance which first occurs, 90 days or more after the discontinuance of the group policy. | ||||||
| 38:38:1.0.1.1.11.0.148.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 9 | PART 9—SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE | § 9.9 Conversion privilege. | VA | [40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17699, May 18, 1988. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996] | (a) With respect to a member on active duty or active duty for training under a call or order to duty that specifies a period of less than 31 days, and a member insured during inactive duty training scheduled in advance by competent authority there shall be no right of conversion unless the insurance is continued in force under 38 U.S.C. 1967(b) or 1968(a) for 120 days following a period of such duty, as the result of a disability incurred or aggravated during such a period of duty. (b) The individual policy of life insurance to which an insured may convert under 38 U.S.C. 1968(b) or 1977(e) shall not have disability or other supplementary benefits and shall not be term insurance or any policy which does not provide for cash values. Term riders providing level or decreasing insurance for which an additional premium is charged may be attached to an eligible basic conversion policy, but the rider will be excluded from the conversion pool agreement under the policy. (c) The insurer will establish a conversion pool in cooperation with the reinsurers and converters in accordance with the terms of the policy. Its purpose will be to provide for the determination and maintenance of appropriate charges arising from excess mortality under individual conversion policies issued in accordance with this section and provide for the appropriate distribution of the risk of loss due to such excess mortality among the reinsurers and converters. | ||||||
| 38:38:1.0.1.1.12.0.148.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.0 Adjusted service pay entitlements. | VA | A veteran entitled to adjusted service pay is one whose adjusted service credit does not amount to more than $50 as distinguished from a veteran whose adjusted service credit exceeds $50 and who therefore is entitled to an adjusted service certificate. | |||||||
| 38:38:1.0.1.1.12.0.148.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.20 “Demand for payment” certification. | VA | Certification to the execution of demand for payment forms appearing on the reverse side of adjusted service certificates issued pursuant to the World War Adjusted Compensation Act, as amended, is required in accordance with instructions printed on said forms. Such certification if made in the United States or possessions will be accepted if made by and bearing the official seal of a United States postmaster, an executive officer of an incorporated bank or trust company, notary public, or any person who is legally authorized to administer oaths in a State, Territory, District of Columbia or in a Federal judicial district of the United States. If the demand for payment be executed in a foreign country, the same shall be certified by an American consul, a recognized representative of an American embassy or legation or by a person authorized to administer oaths under the laws of the place where execution of demand is made, provided there be attached to the certificate of such latter officer a proper certification by an accredited official of the State Department of the United States that the officer certifying to the execution of the demand for payment was authorized to administer oaths in the place where certification was made. | |||||||
| 38:38:1.0.1.1.12.0.148.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.22 Payment to estate of decedent. | VA | Wherever the face value of an adjusted service certificate, issued pursuant to the World War Adjusted Compensation Act, as amended, becomes payable to the estate of any decedent and the amount thereof is not over $500 and an administrator has not been or is not to be appointed, such amount will be paid to such person or persons as would, under the laws of the State of residence of the decedent, be entitled to his personal property in case of intestacy. | |||||||
| 38:38:1.0.1.1.12.0.148.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.24 Payment of death claim on lost, destroyed or mutilated adjusted service certificate with bond. | VA | If the veteran named in an adjusted service certificate, issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, is deceased, and if, after receipt by the veteran, the adjusted service certificate was lost, destroyed, or so defaced as to impair its value and cannot be identified to the satisfaction of the Secretary of Veterans Affairs, the person entitled to payment thereon will be required to furnish an indemnity bond in the manner and form prescribed by the Department of Veterans Affairs and for an amount equal to the face value of the certificate, with surety or sureties residents of the United States and satisfactory to the Secretary of Veterans Affairs with condition to indemnify and save harmless the United States from any claim on account of such certificate, before payment will be made of the proceeds of the certificate and a duplicate adjusted service certificate will not be issued. | |||||||
| 38:38:1.0.1.1.12.0.148.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.25 Payment of death claim on adjusted service certificate without bond. | VA | If the veteran named in the adjusted service certificate, issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, is deceased, and if the certificate was lost or destroyed wholly or in part or was so defaced as to impair its value prior to receipt by the veteran, or was partially destroyed or defaced after receipt by the veteran, but can be identified to the satisfaction of the Secretary of Veterans Affairs, payment will be made of the proceeds of the certificate, a bond of indemnity will not be required, and a duplicate adjusted service certificate will not be issued: Provided, The person entitled to payment thereon surrenders the defaced or mutilated certificate or so much thereof as may remain. | |||||||
| 38:38:1.0.1.1.12.0.148.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.27 Definitions. | VA | For the purpose of §§ 10.28 to 10.47, the word Act as used herein refers to the World War Adjusted Compensation Act, as amended; the word Veteran refers to that term as defined in section 2 of title I of said Act; the word Director refers to the Secretary of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.28 Proof of death evidence. | VA | Evidence required in establishing proof of death under the act, as amended, shall conform with the requirements set forth in the regulations of the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.29 Claims for benefits because of elimination of preferred dependent. | VA | A dependent, in subsequent position in the order of preference as defined in section 601 of title VI of the Act, as amended, who makes claim for the benefits of the Act in consequence of the death of a dependent who made application and who stood in preferential position as defined in section 601 of the act, as amended, shall be required to furnish, in support of such claim, proof of death of said dependent. Proof of death of said dependent shall be in accordance with the requirements for proof of death as outlined in the regulations of Department of Veterans Affairs. A dependent who makes claim for the benefits of the act because of remarriage of a widow who did not make and file application before remarriage shall be required to furnish in support of such claim proof of remarriage of said widow. Proof of remarriage of said widow shall be in accordance with the requirements for proof of marriage as outlined in regulations of the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.30 Proof of remarriage. | VA | A dependent who is receiving payments under section 601 of title VI of the Act, as amended, and who remarries after making and filing application, shall be required to furnish proof of remarriage in accordance with the requirements for proof of remarriage as outlined in regulations of the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.31 Dependency of mother or father. | VA | Claims of a mother or father for the benefits to which either may be entitled under the World War Adjusted Compensation Act, as amended, shall be supported by a statement of fact of dependency made under oath by the claimant and witnessed by two persons. | |||||||
| 38:38:1.0.1.1.12.0.148.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.32 Evidence of dependency. | VA | Evidence of a whole or entire dependency shall not be required. The mother or father shall be considered dependent for the purposes of the act when it is established as a fact that the mother or father of a deceased veteran did not have sufficient means from all sources for a reasonable livelihood at the time of the death of the veteran or at any time thereafter and on or before January 2, 1935. In those cases where because of continued and unexplained absence for seven years the veteran is declared deceased under section 312(a) of the Act as amended May 29, 1928, the mother or father shall be considered dependent when it is established that the mother or father did not have sufficient means from all sources for a reasonable livelihood at the beginning of such 7-year period or at any time thereafter and before the expiration of such period. | |||||||
| 38:38:1.0.1.1.12.0.148.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.1 Issuance of duplicate adjusted service certificate without bond. | VA | If the veteran named in an adjusted service certificate issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, without bad faith, has not received such certificate, or if prior to receipt by the veteran such certificate was destroyed wholly or in part or was so defaced as to impair its value, or, if after delivery it was partially destroyed or defaced so as to impair its value but can be identified to the satisfaction of the Secretary, a duplicate adjusted service certificate will be issued upon application and a bond of indemnity will not be required: Provided, That if the adjusted service certificate was destroyed in part or so defaced as to impair its value, the veteran or person entitled to payment thereon will be required to surrender to the Department of Veterans Affairs the original certificate or so much thereof as may remain. | |||||||
| 38:38:1.0.1.1.12.0.148.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.33 Determination of dependency. | VA | A determination of the existence of the alleged dependency will be made upon consideration of all facts relating to dependency, and upon such investigation of such facts as may be warranted. The following facts as existing at the time of the death of the veteran, or at any time thereafter and on or before January 2, 1935, or where it is established that the veteran is deceased as provided in section 312(a), at the beginning of such 7-year period or at any time thereafter and before the expiration of such period, shall be taken into consideration in determining dependency in a given case: (a) Claimant's age. (b) Amount contributed to claimant by deceased veteran. (c) Value of all real and personal property owned by claimant. (d) Total monthly expenses of the claimant and total monthly income. (e) The fact that claimant did or did not receive an allotment of pay or allowance during the veteran's military or naval service. (f) Incapability of self-support by reason of mental or physical defect. (g) Any other fact or facts pertinent to the determination of dependency. | |||||||
| 38:38:1.0.1.1.12.0.148.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.34 Proof of age of dependent mother or father. | VA | The mother or father of a veteran to be entitled to the presumption of dependency within the meaning of section 602(c) or section 312(c) of the Act, as amended, shall be required to submit proof of age in accordance with the requirements as set forth in regulations of the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.35 Claim of mother entitled by reason of unmarried status. | VA | Claim of a mother for the benefits to which she may be entitled by reason of her unmarried status as outlined in section 202(c) or section 312(c)3 of the Act, as amended, shall be supported by a statement of fact, under oath, of such status, together with one of the following: (a) Certified copy of public record of death of the husband. (b) Certified copy of court record of divorce decree. | |||||||
| 38:38:1.0.1.1.12.0.148.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.36 Proof of marital cohabitation under section 602 or section 312 of the Act. | VA | In order to prove marital cohabitation within the meaning of that term as used in section 602(a) or section 312(c)1 of the Act, as amended, claimant shall be required to establish: (a) A valid marriage, such marriage to be shown by the best evidence obtainable in accordance with the provisions of regulations of the Department of Veterans Affairs. (b) The fact of living together as man and wife, with such fact to be established by: (1) Statement of the widow or widower showing that he or she and the veteran lived together as man and wife and also showing the place or places of residence during such marital cohabitation and the approximate time of such residence; or (2) Statement of two competent persons showing that they personally knew the claimant and veteran and that they had personal knowledge that said claimant and veteran lived together as man and wife and were recognized as such. (c) The fact that the marital status existed at the time of the death of the veteran or where it is established that the veteran is deceased, as provided in section 312(a)1 of the Act, as amended, at the beginning of such 7-year period, such fact to be established by: (1) Statement by claimant that he or she and the veteran had not been divorced and that there had been no annulment of the marriage. (2) Statement of claimant that he or she was not remarried at the time of making application. (3) Statement of two competent persons showing that they personally knew the claimant and the veteran; that they personally knew of the marriage relationship between claimant and veteran; that to the best of their knowledge and belief there had been no divorce and no annulment of the marriage and that claimant was not remarried at the time of making and filing application. | |||||||
| 38:38:1.0.1.1.12.0.148.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.37 Claim of widow not living with veteran at time of veteran's death. | VA | If a veteran and widow were not living together at the time of the death of the veteran the widow will be required to establish: (a) That the living apart was not due to her willful act, and (b) Actual dependency upon the veteran at the time of his death or at any time thereafter and before January 2, 1935. (1) A determination of what shall constitute a willful act, as used in section 602(a) of the Act, as amended, will be made upon consideration of all facts relating to such act and upon such investigation of such facts as may be deemed warranted. For the purpose of this section, the fact that a veteran lived apart from the widow because of any act by the widow involving desertion or moral turpitude will be construed as the willful act of the widow. Cause of separation and time and duration of separation at the time of the death of the veteran shall be taken into consideration in determining a willful act. (2) A determination of the existence of actual dependency will be made under the criteria set forth in §§ 10.32 and 10.33 with respect to dependency of a mother or father. | |||||||
| 38:38:1.0.1.1.12.0.148.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.38 Proof of age of veteran's child. | VA | A child of a veteran shall be required to submit proof of age in accordance with the requirements set forth in the regulations of the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.39 Mental or physical defect of child. | VA | If claim is made under section 602(b), (2), of title IV of the Act as amended, alleging that a child over 18 years of age was incapable of self-support at the death of the veteran or that he became incapable of self-support subsequent to the death of the veteran but on or before January 2, 1935, or that he was incapable of self-support at the disappearance of the veteran or became incapable of self-support after the disappearance of the veteran and before the expiration of the period of seven years mentioned in section 312(c), (2), of the Act, it will be necessary to furnish evidence as to the mental or physical condition of the child at the time it is alleged he became incapable of self-support. (a) Where incapability of self-support by reason of the mental defect of the child is alleged, the following evidence will be required: (1) Certified copy of court order or decree declaring the child to be mentally incompetent; or (2) A report of a licensed physician setting forth all of the facts as to the child's mental condition; or (3) The affidavit of the person having custody and control of the child, setting forth all of the available information as to the child's mental condition. The affidavit must be substantiated by two competent disinterested persons who shall state that they personally know the child, that they have read the affidavit made by the person having custody and control of the child, and that the information therein set forth is true to the best of their knowledge and belief. (b) Where incapability of self-support by reason of physical defect of the child is alleged, the following evidence will be required: (1) Report of a licensed physician setting forth all of the facts as to the child's physical condition; and (2) Affidavit of the child regarding his physical condition and the affidavits of two competent disinterested persons, who shall state that they personally know the claimant, that they have read his affidavit and that the same is true to the best of their knowledge and belief. | |||||||
| 38:38:1.0.1.1.12.0.148.27 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.40 Payment on account of minor child. | VA | Payments to a minor child shall be made to the legally constituted guardian, curator or conservator, or to the person found by the director to be otherwise legally vested with the care of the child. | |||||||
| 38:38:1.0.1.1.12.0.148.28 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.41 Definition of “child”. | VA | The term child as used in the regulations in this part includes: (a) A legitimate child; (b) A child legally adopted; (c) A stepchild if a member of the veteran's household at the time of the death of the veteran, or (d) An illegitimate child but as to the father only if acknowledged in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support or has been judicially decreed to be the putative father of such child. | |||||||
| 38:38:1.0.1.1.12.0.148.29 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.42 Claim of child other than legitimate child. | VA | A claim of a child legally adopted by the veteran upon whose service the claim is based shall be supported by a certified copy of the court record of such adoption. A claim of a stepchild of a veteran shall be supported by an affidavit of his or her legal guardian, stating that at the time of the death of the veteran said stepchild was a member of the veteran's household. The fact, as stated in such affidavit, and the signature of the guardian thereto, shall be attested by the court having jurisdiction over the guardian, or by two competent persons to whom the child was personally known at the time of the death of the veteran. A claim of an illegitimate child of a veteran upon whose service claim is based, shall be supported by: (a) A statement by the veteran in writing acknowledging his parentage of such child; or (b) Certified copy of order or decree of a court ordering the veteran to contribute to such child's support; or (c) Certified copy of a decree of a court holding the veteran to be the putative father of such child. | |||||||
| 38:38:1.0.1.1.12.0.148.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.2 Evidence required of loss, destruction or mutilation of adjusted service certificate. | VA | The veteran named in an adjusted service certificate issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, or the person entitled to payment thereon will be required to furnish evidence of the nonreceipt of the adjusted service certificate, or of its receipt in a mutilated or defaced condition, or of the loss or destruction in whole or in part of defacement of the certificate after its receipt, as the case may be. The evidence must be sufficient to establish to the satisfaction of the Secretary that neither the veteran nor the person entitled to payment thereon, or any person for or on their behalf, received the adjusted service certificate, or that at the time of its receipt it was mutilated or defaced to such an extent as to impair its value, or that after receipt of the certificate it was lost or destroyed in whole or in part or defaced, but without bad faith on the part of the veteran, and that every effort has been made to recover the lost certificate. Unless determination is otherwise made by the Secretary the evidence must be in the form of a written statement sworn to by the veteran or person entitled to payment thereon and witnessed by at least two persons who shall state, under oath that they personally know the affiant, that they have read his or her statement and that it is true to the best of their knowledge and belief. These statements should be supplemented by affidavits of any persons having personal knowledge of additional facts and circumstances concerning the matter, and the Secretary may require any additional evidence deemed necessary. | |||||||
| 38:38:1.0.1.1.12.0.148.30 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.43 Claim by guardian of child of veteran. | VA | A claim made by a legal guardian on behalf of his or her ward, a child of a veteran, shall be supported by an affidavit of said guardian, in the capacity of guardian, setting forth the names, ages, and addresses of all living children of the deceased veteran, or, if there be no living child other than the claimant child, statement of that fact shall be made. The signature of the guardian to such required affidavit shall be attested by the court having jurisdiction of the guardian and ward, or by two competent persons to whom the child is personally known. | |||||||
| 38:38:1.0.1.1.12.0.148.31 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.44 Evidence required to support claim of mother or father. | VA | The term mother and father as referred to in the order of preference as outlined in section 601 of the Act, as amended, includes stepmothers, stepfathers, mothers and fathers through adoption, and persons who, for a period of not less than one year, have stood in the place of a mother or father to the veteran at any time prior to the beginning of his service. In addition to the evidence of dependency required from a natural mother or father, a claim of a stepmother or stepfather shall be supported by evidence of marriage to the natural parent of the veteran. This evidence shall be in accordance with the requirements of proof of marriage as set forth in regulations of the Department of Veterans Affairs. A claim of a mother or father through adoption shall be supported by a certified copy of the court record of such adoption. A claim by a person who claims to have stood in the place of a mother or father shall be supported by evidence of such relationship satisfactory to the Department of Veterans Affairs. Such evidence shall comprise: (a) An affidavit of the claimant containing a complete detailed statement of the alleged relationship and (b) Affidavits of two competent witnesses to whom claimant was personally known at the time of the death of the veteran, said witnesses certifying to the truth of the statement as made by the claimant. | |||||||
| 38:38:1.0.1.1.12.0.148.32 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.45 Definition of “widow”. | VA | The term widow as used in the regulations in this part includes widower. | |||||||
| 38:38:1.0.1.1.12.0.148.33 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.46 Authentication of statements supporting claims. | VA | All statements, except those of licensed examining physicians under § 10.39 (a)(2) and (b)(1), required by §§ 10.28 to 10.44 shall be subscribed and sworn to before an officer vested with authority to administer oaths, in the place where such statements are made. Signatures executed in foreign countries or places shall be certified by an American consul, a recognized representative of an American consul, a recognized representative of an American embassy or legation or by a person authorized to administer oaths under the laws of the place where such statements are made, provided there be attached to the certificate of such latter officer a proper certification by an accredited official of the State Department of the United States that the officer certifying to the execution of the signature was authorized to administer oaths in the place where certification was made. | |||||||
| 38:38:1.0.1.1.12.0.148.34 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.47 Use of prescribed forms. | VA | Statements required by the regulations in this part should be submitted on forms provided by the Department of Veterans Affairs, when conveniently available. | |||||||
| 38:38:1.0.1.1.12.0.148.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.3 Issuance of duplicate adjusted service certificate with bond. | VA | An indemnity bond will be required as a prerequisite to the issuance of a duplicate adjusted service certificate in all cases where the certificate was lost after receipt by the veteran, or after receipt by the veteran was defaced or mutilated and cannot be identified to the satisfaction of the Secretary, provided the loss, defacement, or mutilation was without bad faith on the part of the veteran or the person entitled to payment thereon. The bond must be in the manner and form prescribed by the Department of Veterans Affairs and for an amount equal to the face value of the certificate, with surety or sureties residents of the United States and satisfactory to the Secretary, with condition to indemnify and save harmless the United States from any claim on account of such certificate. If the certificate was defaced or mutilated the veteran or person entitled to payment thereon will be required to surrender to the Department of Veterans Affairs the certificate or so much thereof as may remain. | |||||||
| 38:38:1.0.1.1.12.0.148.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.4 Loss, destruction, or mutilation of adjusted service certificate while in possession of Department of Veterans Affairs. | VA | A new adjusted service certificate will be issued without bond in lieu of the certificate which has been lost or destroyed, or has been mutilated, defaced or damaged so as to impair its value, while in possession of the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.12.0.148.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.15 Designation of more than one beneficiary under an adjusted service certificate. | VA | A veteran to whom an adjusted service certificate has been issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act may name more than one beneficiary to receive the proceeds of his adjusted service certificate, and may from time to time with the approval of the Secretary change such beneficiaries. The designated beneficiaries shall share equally unless otherwise specified by the veteran. Wherever the word beneficiary appears in the law and Department of Veterans Affairs regulations it shall be interpreted to include beneficiaries. | |||||||
| 38:38:1.0.1.1.12.0.148.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.16 Conditions requisite for change in designation of beneficiary. | VA | A change of beneficiary of an adjusted service certificate to be valid must be made: (a) By notice signed by the veteran or his duly authorized agent, and delivered or properly mailed to the Department of Veterans Affairs during the lifetime of the veteran. Such change shall not take effect until approved by the Secretary and after such approval the change shall be deemed to have been made as of the date the veteran signed said written notice and change, whether the veteran be living at the time of said approval or not. (b) Or by last will and testament of the veteran, duly probated. Such change shall not be effective until received by the Department of Veterans Affairs and approved by the Secretary and after such approval the change shall be deemed to have been made as of the date of death of the veteran: Provided, That a change of beneficiary signed subsequent to the date upon which the will was executed and delivered in accordance with paragraph (a) of this section shall if approved in accordance with regulations take precedence over the designation by will. Provided, however, That any payment made to a beneficiary of record, before notice of change of beneficiary has been received in the Department of Veterans Affairs and approved by the Secretary, shall not be made again to the changed beneficiary. | |||||||
| 38:38:1.0.1.1.12.0.148.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.17 Designation of beneficiary subsequent to cancellation of previous designation. | VA | The designation of a beneficiary made subsequent to the cancellation of a previous designation of beneficiary, shall be considered as a change in beneficiary, and shall be subject to the approval of the Secretary and subject to the conditions and requirements respecting change in beneficiary as outlined in § 10.16. | |||||||
| 38:38:1.0.1.1.12.0.148.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.18 Approval of application for change of beneficiary heretofore made. | VA | Any application for a change of beneficiary heretofore made may be approved if it meets the requirements set out in §§ 10.16 and 10.17. | |||||||
| 38:38:1.0.1.1.12.0.149.35 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.50 Section 601 and section 603 payments made on first day of calendar quarter. | VA | Cash payments and the first installment of installment payments authorized in sections 601 and 603, respectively of title VI of the World War Adjusted Compensation Act, as amended, will be made as of the first day of the calendar quarter following the finding by the director that the applicant is a dependent entitled to the benefits of the act, but in no case shall any such payments be made before March 1, 1925: Provided, however, That payments authorized by section 608 of title VI of the Act, as amended, shall be paid in a lump sum to the preferred dependent without reference to payments under section 603 of title VI of the Act, as amended. | |||||||
| 38:38:1.0.1.1.12.0.149.36 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.51 Payments to minor child. | VA | Payments to minor child through legal guardian, natural guardian, or self. (See § 10.40.) | |||||||
| 38:38:1.0.1.1.12.0.149.37 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.52 Duplication of payments prohibited. | VA | Duplication of payments shall not be made in case of change of beneficiary. (See § 10.16.) | |||||||
| 38:38:1.0.1.1.12.0.149.38 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 10 | PART 10—ADJUSTED COMPENSATION | § 10.53 Payment on duplicate certificate. | VA | Issuance of duplicate adjusted service certificates and payment of claims based upon lost, destroyed, or mutilated, adjusted service certificates. (See §§ 10.1 to 10.4, 10.24 and 10.25, respectively.) | |||||||
| 38:38:1.0.1.1.13.0.150.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.75 Certificates. | VA | Adjusted service certificates are dated as of the 1st day of the month in which the applications were filed, but no certificates are dated prior to January 1, 1925. Loans on the security of such certificates may be made at any time after the date of the certificate. The fact that a certificate is stamped or marked “duplicate” does not destroy its value as security for a loan. | |||||||
| 38:38:1.0.1.1.13.0.150.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.76 To whom loan may be made. | VA | Only the veteran named in the certificate can lawfully obtain a loan on his adjusted service certificate and neither the beneficiary nor any other person than the veteran has any rights in this respect. The person to whom the loan is made must be known to the lending bank to be the veteran named in the certificate securing such note. The consent of the beneficiary is not required, the act providing that a loan on the security of the certificate may be made “with or without the consent of the beneficiary thereof.” Loans may be made to veterans adjudged incompetent only through the guardians of such veterans and pursuant to specific order of the court having jurisdiction. Certified copy of court order must be submitted if note be presented for redemption by the Department of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.13.0.150.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.77 By whom loans may be made. | VA | Any national bank or any bank or trust company incorporated under the laws of any State, Territory, possession, or the District of Columbia, hereinafter referred to as any bank, is authorized to loan to any veteran upon his promissory note secured by his Adjusted Service Certificate any amount not in excess of the loan value of the certificate at the date the loan is made. Each certificate contains on its face a table for determining the loan value of the certificate, but it is provided by amendment to the World War Adjusted Compensation Act dated February 27, 1931, that the loan value of any certificate shall at no time be less than 50 percent of the face value. Upon the making of such loan, the lending bank shall promptly notify the Department of Veterans Affairs of the name of the veteran, the A-number shown immediately after the name, the number of the certificate, the amount, the rate of interest, and date of loan: However, this requirement may be waived by the Secretary of Veterans Affairs. | |||||||
| 38:38:1.0.1.1.13.0.150.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.80 Sale or discount of note by holding bank. | VA | Any bank holding a note secured by an Adjusted Service Certificate may sell the note to any bank authorized to make a loan to a veteran and deliver the certificate to such bank. In case a note secured by an Adjusted Service Certificate is sold or transferred, the bank selling, discounting or rediscounting the note is required by law to notify the veteran promptly by mail at his last known post office address. No Adjusted Service Certificate is negotiable or assignable, or may serve as security for a loan, except as provided in section 502 of the World War Adjusted Compensation Act, as amended. Any negotiation, assignment or loan made in violation of section 502 of the World War Adjusted Compensation Act is void. In case of sale, discount or rediscount by the bank which made the loan, the note or notes should be accompanied by the affidavit required by § 11.85. | |||||||
| 38:38:1.0.1.1.13.0.150.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.81 Rediscounts with Federal Reserve Banks. | VA | Upon the endorsement of any bank, which shall be deemed a waiver of demand, notice and protest by such bank as to its own endorsement exclusively, and subject to regulations to be prescribed by the Federal Reserve Board, any such note secured by an Adjusted Service Certificate and held by a bank is made eligible for discount or rediscount by the Federal reserve bank of the Federal reserve district in which such bank is located, whether or not the bank offering the note for discount or rediscount is a member of the Federal Reserve System and whether or not it acquired the note in the first instance from the veteran or acquired it by transfer upon the endorsement of any other bank: Provided, That at the time of discount or rediscount such note has a maturity not in excess of 9 months, exclusive of days of grace, and complies in all other respects with the provisions of the law, the regulations of the Federal Reserve Board and the regulations in this part. | |||||||
| 38:38:1.0.1.1.13.0.150.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.83 Additional loans by reason of 50 percent loan value. | VA | (a) It will be the policy of the Department of Veterans Affairs to redeem all loans made in accordance with the law and regulations made pursuant thereto, when such loans are made in good faith to the veteran to whom the certificate was issued. If, while his certificate is held by a bank as security for a loan, the veteran applies for the increased loan value authorized by the amendment to the World War Adjusted Compensation Act dated February 27, 1931, whether or not the loan has matured, the veteran and the bank will be informed fully of the provisions of this section and that the bank may make the loan for the additional amount or, upon request of the veteran, may send the note and certificate to the Secretary of Veterans' Affairs. The Secretary shall, if the loan was legally made, accept such certificate and note, and pay to the bank in full satisfaction of its claim the amount of the unpaid principal due it and the unpaid interest at the rate authorized by the World War Adjusted Compensation Act, as amended, up to the date of the check issued to the bank. If the veteran has not filed application for final settlement of his adjusted service certificate under the provisions of the Adjusted Compensation Payment Act, 1936, and demand is made upon the bank to present the note and certificate for redemption prior to the maturity date of the loan and during the lifetime of the veteran, interest will be payable up to the date the check is issued to the bank, or, if demanded by the bank, up to the maturity date of the loan. (b) If, however, an application for final settlement is filed and the bank is notified to present the note and certificate to the Secretary and does so within 15 days after the mailing of such notice interest will be payable to the date the check is issued to the bank. If the bank fails to forward the note and certificate within 15 days after the mailing of the notice, interest shall be paid only up to the fifteenth day after the mailing of such notice. | |||||||
| 38:38:1.0.1.1.13.0.150.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.84 Redemption because of veteran's death. | VA | If the veteran dies before the maturity of the loan, the amount of the unpaid principal and the unpaid interest shall be immediately due and payable. In such case, or if the veteran dies on the day the loan matures or within six months thereafter, the bank holding the note and certificate shall, upon notice of the death, present them to the Secretary, who shall pay to the bank, in full satisfaction of its claim the amount of the unpaid principal and unpaid interest, at the rate authorized by the World War Adjusted Compensation Act, as amended, accrued up to the date of the check issued to the bank; except that if, prior to the payment, the bank is notified of the death by the Secretary and fails to present the certificate and note to the Secretary within 15 days after the notice such interest shall be paid only up to the fifteenth day after such notice. | |||||||
| 38:38:1.0.1.1.13.0.150.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.85 Condition requisite for redemption. | VA | In order to be eligible for redemption by the Department of Veterans Affairs, the note and certificate must be accompanied by an affidavit of a duly authorized officer (the capacity in which the officer serves must be shown) of the lending bank showing that the said bank has not charged or collected, or attempted to charge or collect, directly or indirectly, any fee or other compensation in respect of the loan, or any other loan made by the bank under the provisions of section 502 of the World War Adjusted Compensation Act, except the rate of interest specified in the section of the Act cited; that the person who obtained the loan is known to the lending bank to be the person named in the Adjusted Service Certificate; and that notice required by § 11.77 was promptly given. In case the note was sold or discounted by the lending bank, there should be incorporated in the affidavit a statement that the veteran was notified promptly of the transfer by mail to his last known address. In case the note was resold or rediscounted by any other bank, affidavit shall be made by a duly authorized officer of such bank that proper notice of such resale or rediscount was promptly mailed to the veteran at his last known address. The proper execution of the appropriate affidavit on Form 6615 or 6615a will be considered as a compliance with the requirements of this section. A single affidavit setting forth the full particulars may be accepted to cover any number of veterans' notes submitted for redemption at one time. The affidavit must be executed before a judge of the United States court, a United States commissioner, a United States district attorney, a United States marshal, a collector of internal revenue, a collector of customs, a United States postmaster, a clerk of court of record under the seal of the court, an executive officer of an incorporated bank or trust company, under his official designation and the seal of the bank or trust company, or a notary public under his seal, or a diplomatic or consular officer of the Uni… | |||||||
| 38:38:1.0.1.1.13.0.151.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.89 Notification of veteran. | VA | When a note is redeemed notification will be sent to the veteran at his last known address, advising him that the Department of Veterans Affairs holds his note, and outlining the conditions governing repayment. | |||||||
| 38:38:1.0.1.1.13.0.151.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.91 Repayment of loans. | VA | Should the veteran so desire, he may repay the amount due on his note in full or in installments. | |||||||
| 38:38:1.0.1.1.13.0.151.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.93 Failure to redeem. | VA | (a) If the veteran fails to redeem his certificate before its maturity there will be deducted from the face value of the certificate the amount of the unpaid principal of the note of the veteran and the unpaid interest thereon through September 30, 1931. (b) If the veteran failed to redeem his certificate and died prior to January 27, 1936, there will be deducted from the face value of the certificate the amount of the unpaid principal of the veteran's note and the unpaid interest thereon to the date of his death. If the veteran died on or after January 27, 1936, the amount to be deducted when making settlement will be the unpaid principal of the veteran's note and the unpaid interest thereon through September 30, 1931. | |||||||
| 38:38:1.0.1.1.13.0.151.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.88 Cancellation of note. | VA | When a veteran's note is redeemed by the Department of Veterans Affairs, the note will be canceled and both the note and certificate will be retained in the files of the Department of Veterans Affairs until such time as settlement is made. | |||||||
| 38:38:1.0.1.1.13.0.152.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.96 By whom loans may be made. | VA | Loans will be made by the Department of Veterans Affairs, Washington, DC, to any veteran, upon his promissory note secured by his adjusted service certificate, in any amount in even dollars not less than $10 and not in excess of the loan value of the certificate at the date the loan is made. Each certificate contains on its face a table for determining the loan value of the certificate but at no time is the loan value less than fifty per centum of the face value. | |||||||
| 38:38:1.0.1.1.13.0.152.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.99 Identification. | VA | [19 FR 5086, Aug. 12, 1954] | Before a loan is made on an adjusted service certificate, the person applying therefor will be identified as the person entitled to the certificate offered as security. Such identification will be made in accordance with § 11.114. | ||||||
| 38:38:1.0.1.1.13.0.152.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.100 Form of note. | VA | The form of note used in making loans secured by adjusted service certificates shall follow Form 1185. | |||||||
| 38:38:1.0.1.1.13.0.152.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.102 Term of note. | VA | All loans will be for a period of one year and if not paid will be automatically extended from year to year for periods of one year in the amount of the principal plus interest accrued to the end of the immediately preceding expired loan year, which total amount shall automatically become a new principal each year provided a loan may be paid off at any time by the payment of principal and accrued interest, but in no event will interest accruing after September 30, 1931, be deducted in final settlement of a certificate except as provided in § 11.93(b). | |||||||
| 38:38:1.0.1.1.13.0.152.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.104 Disposition of notes and certificates. | VA | [13 FR 7126, Nov. 27, 1948, as amended at 54 FR 34982, Aug. 23, 1989] | All notes and certificates shall be held in the custody of the Department of Veterans Affairs, Washington, DC 20420. | ||||||
| 38:38:1.0.1.1.13.0.153.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.109 Settlement of unmatured adjusted service certificates. | VA | [19 FR 5087, Aug. 12, 1954] | Where an application for final settlement of an adjusted service certificate is received in the Department of Veterans Affairs prior to the maturity date of the certificate, payment will be made under the terms of the Adjusted Compensation Payment Act, 1936. This act provides for payment of the amount due on the certificate, after deducting any unpaid loans with interest through September 30, 1931, in adjusted service bonds. These bonds will be issued by the Treasury Department in denominations of $50, in the name of the veteran only, and will bear interest at the rate of 3 percent per annum from June 15, 1936, to June 15, 1945. Any excess amount not sufficient to purchase a $50 bond will be paid by check. | ||||||
| 38:38:1.0.1.1.13.0.153.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.110 Who may make application for final settlement. | VA | [19 FR 5087, Aug. 12, 1954] | A mentally competent veteran to whom an adjusted service certificate has been issued. (a) A legally appointed guardian of an incompetent veteran. An application submitted by a legally appointed guardian must be accompanied by letters of guardianship showing the fiduciary relationship, provided such papers are not already on file in the Department of Veterans Affairs. (b) A representative of a physically incapacitated veteran. Where application is made by a representative of a physically incapacitated veteran, the representative must attach a statement describing the veteran's incapacity. The correctness of such statement must be certified by an officer as designated in § 11.114. (c) A superintendent or other bonded officer designated by the Secretary of the Interior to receive funds under the provision of Pub. L. No. 373, 72d Congress, may make application for an incompetent adult or minor Indian who is a recognized ward of the Government. The application must be accompanied by a certification from the superintendent or other bonded officer showing: (1) That the said beneficiary is a ward of the Government; (2) that no guardian or other fiduciary has been appointed; (3) that the officer making application has been designated by the Secretary of the Interior in accordance with Pub. L. No. 373, 72d Congress; (4) that he is properly bonded; and (5) that he will receive, handle, and account for such benefits in accordance with existing law and regulations of the Department of Interior. (d) A manager of a Department of Veterans Affairs hospital, or a manager or superintendent of a contract hospital or State institution where the veteran is a patient may make application as custodian for the veteran. Such application must be made with the approval of the regional chief attorney. | ||||||
| 38:38:1.0.1.1.13.0.153.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.111 Form of application. | VA | [13 FR 7127, Nov. 27, 1948] | Application must be made on Department of Veterans Affairs Adjusted Compensation Form 1701. | ||||||
| 38:38:1.0.1.1.13.0.153.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.114 Identification. | VA | [13 FR 7127, Nov. 27, 1948, as amended at 19 FR 5087, Aug. 12, 1954] | Before settlement is made on an adjusted service certificate, the person applying therefor will be identified as the person entitled to the settlement for which an application is made. If made in the United States or possessions, certification will be accepted if made by a United States postmaster or assistant postmaster over an impression of the post office cancellation stamp; a commissioned officer of the regular establishment of the Army, Navy, or Marine Corps; a member of the United States Senate or the House of Representatives; an officer, over his official title, of a post, chapter, or other comparable unit of an organization recognized under Veterans Regulation No. 10 (38 U.S.C. ch. 12A), or an officer over his official title, of the State or national body of such organization, or any person who is legally authorized to administer oaths in a State, Territory, possession, District of Columbia, or in a Federal judicial district, of the United States. If identification is made in a foreign country, it will be certified by an American consul, a recognized representative of an American Embassy or Legation, or by a person authorized to administer oaths under the laws of the place where identification is made; provided, there be attached to the certificate of such latter officer a proper certification by an accredited official of the State Department of the United States that such officer was authorized to administer oaths in the place where certification was made. A manager of a Department of Veterans Affairs hospital is authorized to identify patients, members, or employees of the hospital over which he has charge. An employee of the Department of Veterans Affairs who has been specifically designated in writing to do so may identify applicants during official hours and on the premises of the Department of Veterans Affairs using for this purpose, if necessary, the official records of the Department of Veterans Affairs. Field station finance employees may not be designated for this purpose. (a) Fingerprint impre… | ||||||
| 38:38:1.0.1.1.13.0.153.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.115 Where to file application. | VA | [19 FR 5087, Aug. 12, 1954] | The application for final settlement, accompanied by the veteran's adjusted service certificate, unless the certificate is being held in the Department of Veterans Affairs as collateral for a loan, must be forwarded to the Manager, Veterans Benefits Office, Washington, DC 20421. | ||||||
| 38:38:1.0.1.1.13.0.153.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.116 Death of veteran before final settlement. | VA | [19 FR 5087, Aug. 12, 1954] | If the veteran dies after making application under the Adjusted Compensation Payment Act, 1936, but before it is filed, it may be filed by any person and will be considered valid if found to bear the bona-fide signature of the applicant, discloses an intention to claim benefits under the Act, and is filed before the maturity of the certificate and before payment is made to the beneficiary. An application made by the veteran or his legal representative shall evidence his intention to claim the benefits of this Act; no other evidence shall be acceptable. (a) If the veteran's death occurs after the application is filed but before payment is received under this Act, or if the application is filed after death occurs but before the maturity of the certificate and before payment is made to the beneficiary under section 501 of the World War Adjusted Compensation Act, as amended, payment under this act shall be made to the estate of the veteran irrespective of any beneficiary designation. (b) If the veteran dies without filing a valid application under this Act, no payment under this Act shall be made. In such case, payment of the certificate will be made under the World War Adjusted Compensation Act, as amended, in accordance with § 11.128; however, in making any settlement there shall be deducted from the face value of the certificate the amount of any outstanding loans and so much of the unpaid interest as accrued prior to October 1, 1931. | ||||||
| 38:38:1.0.1.1.13.0.153.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.117 Missing applications. | VA | [19 FR 5087, Aug. 12, 1954] | Where the records of the Department of Veterans Affairs show that an application, disclosing an intention to claim the benefits of this Act, has been filed and the application cannot be found, such application shall be presumed, in the absence of affirmative evidence to the contrary, to have been valid when originally filed. The determination of the correctness of this assumption shall be made by the Manager, Veterans Benefits Office, Washington, DC, or his designee. | ||||||
| 38:38:1.0.1.1.13.0.154.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.125 Settlement of matured adjusted service certificates. | VA | Where an application for final settlement of an adjusted service certificate is received in the Department of Veterans Affairs subsequent to the date of maturity of the certificate, payment will be made under the terms of the World War Adjusted Compensation Act, as amended. This Act provides for payment of the face value of the certificate less any outstanding indebtedness for loans obtained on the certificate; however, interest accrued on the loans subsequent to September 30, 1931, and unpaid will be canceled insofar as the veteran is concerned. | |||||||
| 38:38:1.0.1.1.13.0.154.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.126 Form of application. | VA | Either demand for payment (Form 1748) of application (Form 1701) may be used by the veteran or his legal representative in applying for final settlement of a matured certificate. | |||||||
| 38:38:1.0.1.1.13.0.154.27 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.127 Identification. | VA | Before payment may be made on the adjusted service certificate, the person applying therefor will be identified as the person entitled to payment for which application is made. Such identification will be accepted if made by an authorized person as stated in § 11.114; also, fingerprint impressions shall be placed in the space provided on the application in accordance with § 11.114(a). | |||||||
| 38:38:1.0.1.1.13.0.154.28 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.128 Veteran dies without having filed application for final settlement. | VA | If the veteran dies without having filed application for final settlement under the Adjusted Compensation Payment Act, 1936, and the certificate has not matured, payment will be made to the last designated beneficiary or, if no beneficiary, to his estate. If the certificate has matured, payment will be made to the veteran's estate regardless of any beneficiary designation. Payment of the amount due on a deceased veteran's certificate will be made only on an approved award based upon receipt in the Department of Veterans Affairs of an application properly executed by the person or persons entitled. | |||||||
| 38:38:1.0.1.1.13.0.154.29 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 11 | PART 11—LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES | § 11.129 Form of application for payment of deceased veteran's certificate. | VA | Demand for payment (VA Form 8-582) is the proper form for use in applying for payment of the amount due on a deceased veteran's certificate. |
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chapter TEXT,
subchapter TEXT,
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